Martine Ordon

The appellant mother sought leave to late file and serve a Notice of Appeal regarding a judgment that significantly expanded the respondent father's access to their child.

The court applied the Kefeli test for extending the time to appeal and found that the appellant's delay lacked a valid explanation.

Furthermore, the court determined the appeal lacked merit, as the trial judge had made clear credibility findings against the appellant and found her actions interfered with the father-child relationship.

The motion was dismissed, and the appellant was ordered to pay $4,000 in costs.

The applicant moved to enforce a term of a separation agreement allowing her to discharge a mortgage on her home at two-thirds of its face value.

The respondent opposed the motion and sought to set aside the agreement entirely, alleging the applicant had fundamentally breached multiple terms regarding access, child support enforcement, and mediation.

The court dismissed the applicant's motion, finding that significant factual disputes existed regarding the alleged breaches, making it inappropriate to enforce the settlement on a summary motion.

The respondent was ordered to continue paying child support while pursuing his application to set aside the agreement.

The defendants brought a motion to strike portions of the plaintiff's original and amended statements of claim, arguing that the human rights damages claim was defective and that amendments constituted a new cause of action barred by the Limitations Act.

The court found that the human rights claim was sufficiently pleaded and that it was not plain and obvious that the limitation period had expired for the human rights damages claim.

The court also declined to strike allegations of bad faith damages.

The motion was dismissed.

Following the dismissal of the respondent's motion for leave to appeal in a family law proceeding, the parties provided written submissions on costs.

The applicant sought partial indemnity costs of $9,280.13, while the respondent argued for $6,500 payable at the end of litigation due to his alleged insolvency.

The court fixed costs at $7,500, finding the requested amount slightly high for a two-hour motion.

The court declined to defer payment, emphasizing that costs should be payable as litigation proceeds to discourage unnecessary motions.